Moss v. Hyer

Maxwell, Judge :

On this certification, the sufficiency of a special plea is on test. The underlying question is whether the plaintiff, an ex-eonviet, may maintain an action for damages for personal injuries alleged to have been inflicted upon him, while a convict, through the negligence of the defendant.

By his declaration, plaintiff alleges that on the 23rd of June, 1931, while working with other men on a section of state highway No. 13, in Clay County, the defendant negligently drove her “automobile against him, thereby causing hi™ serious physical injuries. To the declaration the defendant…